Garbage barges, suburban sprawl and that eternal issue, money, will
highlight environmental debates in the 2004 General Assembly.
State environmental programs affect every Virginian. The programs fight
water and air pollution, oversee dumps, protect wild lands and operate
parks, among other things. Yet Virginia spends less than 1 percent of its
budget on the environment - believed to be the lowest proportion among
states.
Environmental spending has been cut sharply in the past few years, but
Gov. Mark R. Warner is proposing a slight increase, to $584.7 million,
over the two years beginning July 1. And Warner is proposing a special
fund to provide $15 million a year to protect land and clean rivers.
But all of that is contingent upon the General Assembly supporting
Warner's tax plan, which would raise $1.1 billion in new money over the
two-year budget.
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"Without tax reform, we stand to lose what we think we have
accomplished" for environmental agencies, said W. Tayloe Murphy Jr.,
Warner's secretary of natural resources. "That is going to be the big
issue."
Among his proposals, Warner wants to raise fees paid by businesses and
localities for water-pollution and waste permits.
Before 2002, a factory paid $8,000 every five years for a permit to
release treated wastewater into a stream. The fee had not been raised in
at least a decade. The 2002 legislature increased that fee to $24,000 and
raised fees for similar permits. A sunset provision would end those
increases this June.
Warner is recommending that the five-year fee for a factory return to
$8,000 but that an annual fee also be imposed, for a total five-year fee
of $30,500. There would also be increases in fees to run sewage plants and
build landfills.
Critics of the current structure say the fees should pick up more of
the cost of running the state's permit programs. Before 2002, fees picked
up 5 percent to 15 percent of the cost, and the public paid the rest.
Under Warner's proposal, the increased fees would cover about 37 percent
of costs.
The proposal could meet some resistance.
"There is not a great deal of excitement on the part of the business
community to pay substantially higher fees," said Steve Haner, a Virginia
Chamber of Commerce vice president.
Businesspeople are still learning budget details such as the fee
increase, Haner said. "That would be one reason there is not a line
forming to endorse the governor's tax plan."
Without new revenue from the fees or some other source, the state
Department of Environmental Quality "will not have the money needed to
implement our baseline environmental-protection programs," said Kathy
Frahm, the DEQ's policy director.
But Haner said he thought the fee increase could be lessened if the DEQ
operated more efficiently.
On another issue, Del. Robert G. Marshall, R-Prince William, said he
will introduce a bill to raise the fee that Waste Management Inc. will pay
to barge trash up the James River to Charles City County.
Waste Management and state officials made a controversial secret deal
in December 2002 that settled a lawsuit the company had brought. Among the
deal's provisions, the company agreed to pay a $1-a-ton fee for barging
the trash.
During a comment period a few months later, many people, unaware of the
deal, asked for a fee of $5 to $10 a ton.
The state Waste Management Board quickly adopted the $1 fee and other
barge rules July 25 after a closed meeting that lasted nearly two hours.
Terms of the deal were disclosed Aug. 8, outraging environmentalists and
other critics, who called the comment period a sham.
Marshall said he probably will seek a fee of $5 to $7 a ton. He said he
wants the debate conducted in public this time.
"What happened last time, with this negotiated agreement behind closed
doors, I just find distasteful. I do not think the public interest was
served," he said.
The secret deal was approved by Democrat Warner's administration and
Republican Attorney General Jerry W. Kilgore's office. Both offices say
the barge rules are tough and legal.
General Assembly watchers expect to see, again, several proposals to
give localities more control over sprawl.
One proposal would give localities the power to charge developers
"impact fees" to offset the costs of providing services to new homes.
Similar bills have found little success in past sessions, with legislators
reluctant to give localities more power - and themselves less.
A group of about 25 localities, called the Coalition of High Growth
Communities, seeks greater control over sprawl. The group includes
Chesterfield, Henrico, Hanover, Goochland, New Kent and Powhatan
counties.
Roger Wiley, a Richmond lawyer representing the group, said success
will take time. "You try year after year, and each year we get a little
more support."